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-   -   Australians in US (https://britishexpats.com/forum/usa-57/australians-us-840514/)

e3geek Aug 8th 2014 3:57 am

Australians in US
 
Question from Australians in USA, how has your experience been here so far? Do you think you are better off here in US as compared to OZ? Do you earn more? Do you have a better job? Do you live a better life? How do you think you life would change if you go back?

augigi Aug 9th 2014 7:22 am

Re: Australians in US
 
I can't really do the job in Australia that I have here, so workwise I don't have a lot of choice - my profession is very new in Australia.

Personally, I quite like being the odd man out here, as most people are positive about Australians here. I missed being asked about my accent when I was home for a while! I miss things about each country when I'm in the other.

I would go home, or stay here - I like both. I would be financially worse off at home due to housing costs in Melbourne versus Pittsburgh in relation to my income. I'd rather be in Australia for the healthcare and schooling, esp now that I am having my own kid.

JAJ Aug 10th 2014 2:23 am

Re: Australians in US
 
The E-3 is a good visa for getting access to opportunities, avoiding the H-1B requirements/quota etc, spouse has work rights, and so on.

But long term, is it really a secure basis to build a life in the United States? Unless there is a clear pathway to a green card.

economy_1 Aug 10th 2014 6:33 am

Re: Australians in US
 

Originally Posted by e3geek (Post 11362736)
Question from Australians in USA, how has your experience been here so far? Do you think you are better off here in US as compared to OZ? Do you earn more? Do you have a better job? Do you live a better life? How do you think you life would change if you go back?

Life in Australia is very expensive. Tax is also high in Australia. Gas is expensive in Australia. I live in Texas which doesn't have state tax. I came to US on E-3 visa but my employer applied for H1B and then green card.I personally feel USD is a lot better (currency wise) because AUD is always 10 cents less which creates a big difference when you are talking in thousands.There are simply lot of options in US. One dont have mandatory/must pay superannuation (9%).If somebody dont want to contribute towards 401(k) or superannuation its his/her own choice in US.

e3geek Aug 10th 2014 7:15 am

Re: Australians in US
 

Originally Posted by JAJ (Post 11364364)
The E-3 is a good visa for getting access to opportunities, avoiding the H-1B requirements/quota etc, spouse has work rights, and so on.

But long term, is it really a secure basis to build a life in the United States? Unless there is a clear pathway to a green card.

Perm residency in USA is a big issue even on H1B.

economy_1 Aug 10th 2014 3:17 pm

Re: Australians in US
 

Originally Posted by e3geek (Post 11364591)
Perm residency in USA is a big issue even on H1B.

It depends in which category it is applied.EB1C is the best. Also it depends upon country of Birth but since H1B have dual intent one can immediately start working for another employer as soon as he applies for transfer (priority processing).This way most people save going overseas trips or waiting for months of USCIS approval. Negotiate with your US employer (before joining) to start LCA(Perm-Labor Certification) the next day of your arrival in US. Once you have green card/US passport your spouse can work lifelong therefore aim for green card (in my personal opinion).

teza Aug 11th 2014 12:42 am

Re: Australians in US
 

Originally Posted by economy_1 (Post 11364560)
One dont have mandatory/must pay superannuation (9%).If somebody dont want to contribute towards 401(k) or superannuation its his/her own choice in US.

Actually, the mandatory 9.5% payment is made by the employer, NOT the employee;)

hungryhorace Aug 11th 2014 1:49 am

Re: Australians in US
 

Originally Posted by economy_1 (Post 11364863)
It depends in which category it is applied.EB1C is the best.

And how does one qualify for said category? If you are not a multi-national manager or executive, you're going to be waiting a long time.


Also it depends upon country of Birth
Total nonsense.


but since H1B have dual intent one can immediately start working for another employer as soon as he applies for transfer (priority processing).
All visas are dual intent. That the H-1B is 'dual intent' is NOT the reason a holder can start working for another employer once he files for a transfer.

economy_1 Aug 11th 2014 3:24 am

Re: Australians in US
 

Originally Posted by teza (Post 11365299)
Actually, the mandatory 9.5% payment is made by the employer, NOT the employee;)

Most Packages are offered including super therefore ultimately employee is paying..

economy_1 Aug 11th 2014 3:31 am

Re: Australians in US
 

Originally Posted by hungryhorace (Post 11365374)
And how does one qualify for said category? If you are not a multi-national manager or executive, you're going to be waiting a long time.



All visas are dual intent. That the H-1B is 'dual intent' is NOT the reason a holder can start working for another employer once he files for a transfer.


If somebody is not multi-national manager or executive there are EB-2 and EB-3 options.

All visas are not dual intent.H1B and L1 are regarded dual intent.This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.

http://www.uscis.gov/sites/default/f...grant_Empl.pdf

H1B supports priority processing (as I mentioned earlier) therefore one can immediately start working for new employers rather than waiting for USCIS approval for months.

hungryhorace Aug 11th 2014 3:46 am

Re: Australians in US
 

Originally Posted by economy_1 (Post 11365486)
If somebody is not multi-national manager or executive there are EB-2 and EB-3 options.

I'm fully aware of that.


All visas are not dual intent.
Yes. They. Are.



H1B and L1 are regarded dual intent.This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
That has absolutely nothing to do with dual-intent.

Can you please stop posting such complete and utter twaddle?

Steve_ Aug 11th 2014 12:48 pm

Re: Australians in US
 

Originally Posted by hungryhorace (Post 11365507)
Yes. They. Are.

No they're not, TN-2 for example requires a visa and is not dual intent. TN-1 doesn't require a visa but 50,000 people have it and it is not dual intent either. I seem to recall there are a few other obscure categories that aren't dual intent either.

But it doesn't really matter and people make WAY too much of a big deal about it.

Immigrant intent is not shown when the employer files the I-140, because the beneficiary has no control over the filing. Immigrant intent is shown when the beneficiary applies for an immigrant visa or AOS. AOS doesn't take very long so all it really means is you can't renew your current non-immigrant status after filing the I-485. But why would you want to anyway?

It's a minor issue.


Can you please stop posting such complete and utter twaddle?
He's quoting the USCIS manual which says E-3 is not dual intent. So not exactly twaddle.

JAJ Aug 11th 2014 3:23 pm

Re: Australians in US
 

Originally Posted by economy_1 (Post 11365486)
If somebody is not multi-national manager or executive there are EB-2 and EB-3 options.

Although EB-3 has a long wait, normally, and even EB-2 can be backlogged at times. Especially for those born in certain countries, including India - and this extends to those who have become Australian citizens. Unless the individual can claim chargeability to another country, such as through a spouse.


All visas are not dual intent.H1B and L1 are regarded dual intent.This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
It's understood that if an E-3 visa holder applies for Adjustment of Status the underlying visa goes away, so the person needs Advance Parole and does not have as much flexibility if the application is refused. But there are ways to manage that, such as waiting for approval of the I-140 before filing AOS, although this brings risks of its own. It's strongly recommended to develop an individual specific strategy with a competent attorney.

Switching from E-3 to H-1B is often possible but subject to the H-1B quota, and loss of work rights for spouse.

Steve_ Aug 12th 2014 12:37 pm

Re: Australians in US
 
Well the usual trick is to renew your non-immigrant status so you have plenty of time remaining before the I-485 is filed, so that would mean the I-140 was filed separately. You have to file separately if it's EB-3 anyway.

augigi Aug 12th 2014 1:06 pm

Re: Australians in US
 

Originally Posted by JAJ (Post 11364364)
The E-3 is a good visa for getting access to opportunities, avoiding the H-1B requirements/quota etc, spouse has work rights, and so on.

But long term, is it really a secure basis to build a life in the United States? Unless there is a clear pathway to a green card.

Not sure who you were asking, or if just asking in general.. but for me, I've been here 6+ years on E3 status. I have bought a house and "built a life" here. I would have no problem going back to Australia if required though. Happily my work was willing to sponsor GC... and I ended up getting married to a Yank anyhow.

Sevusal Aug 13th 2014 10:21 am

Re: Australians in US
 
as someone said, you can't compare the Aus lifestyle and medical benefits to US. having said this, i have a better job opportunities and the main thing the work i do, i enjoy here. yes as with any country, there are pros and cons. its a personal preference. Also it all depends upon which part of US you live in.

regarding work visa, i am in process of switching from L2 to E3 (been here for 5 years). I had an option to go for H1 but as wife is working, i can not switch to H1 due to h4 visa restriction. also, there are no cap on how many times you can renew your e3 visa.

on topic of GC, yes you can file for GC even though you are on E3. you just need to file for AOS before filing for I-485.

Steve_ Aug 19th 2014 11:26 am

Re: Australians in US
 

Originally Posted by Sevusal (Post 11368260)
you just need to file for AOS before filing for I-485.

AOS is applied for on I-485. Like I said, the trick is having the employer file the I-140 first. Immigrant intent is shown when you file the I-485, at which point you can no longer renew the status if it's not dual intent. So have them filed separately, so you can renew (if necessary) your status before filing I-485.


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